Supreme Court Applies Army Pension Rules to Defence Security Corps Personnel

Union of India & Ors. Vs Balakrishnan Mullikote (Supreme Court of India)

Summary: The Supreme Court considered a batch of connected appeals concerning pensionary entitlement of personnel of the Defence Security Corps (DSC), particularly whether the Union of India is required to apply Paragraphs 9 and 18 of the Pension Regulations for the Army, 1961 and 2008, together with Note 5 to the Government of India letter dated 30th October 1987, while determining qualifying service, and whether deficiency in qualifying service may be condoned under Paragraph 125 of the 1961 Regulations and Paragraph 44 of the 2008 Regulations. The Court recorded that the matters included cases involving shortfalls of less than one year as well as cases involving greater shortfalls.

The Court held that DSC constitutes a Corps of the Indian Army under Rule 187(1)(r) of the Army Rules, 1954 read with Section 3(vi) of the Army Act, 1950. Paragraph 266 of the 1961 Regulations and Paragraph 173 of the 2008 Regulations provide that pensionary provisions applicable to Personnel Below Officer Rank of the Regular Army govern DSC personnel except where inconsistent with DSC-specific provisions. The Court applied the principle that inconsistency requires contradiction, repugnancy or irreconcilability and held that the general pensionary provisions applicable to Regular Army personnel therefore extend to DSC personnel unless a genuine inconsistency exists.